Agenda and minutes

An apology for absence was received from Councillor P S Le Chevalier.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so.  If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.

Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter.  In the later case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules.

There were no declarations of interest from Members.

To confirm the attached Minutes of the meeting of the Committee held on 20 November 2012.

The consideration of the Minutes of the meeting held on 20 November 2012 was approved as a correct record and signed by the Chairman.

To consider the attached report of the Licensing Team Leader.

The Licensing Team Leader informed the Committee that the six month trial period for one of the two Private Hire Vehicle Licences for Smart 'fortwo' coupes carrying the logo 'Cabfor1' had expired and that the other was due to expire. A decision was required on whether to extend the approval for the licences to continue.

A trial period had been originally agreed because the vehicles were outside of policy guidelines by reason that:

·                         The engine capacity was less than 1500cc;

·                         The vehicles did not have at least four doors and were not of sufficient size to accommodate at least four passengers; and

·                         That the Council's current policy guidelines restricted operators from using the word 'cab' whether in singular or plural and whether they form part of another word or not, unless the vehicle was used as a licensed hackney carriage.

The Committee was advised that there had been no complaints or other problems relating to the operation of the two vehicles during the trial period.

The applicant, Mr D Saunders, had spoken with the Licensing Team Leader prior to the meeting was not present for this item.

RESOLVED:    That, not withstanding the Council's current policy guidelines, Mr D Saunders be granted a Private Hire Vehicle Licence in respect of two Smart 'Fortwo' coupes (EJ58 CHD and YF59 EZJ) for a period of twelve months.

The recommendation is attached.

MATTER WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

It was proposed by Councillor S C Manion, duly seconded and

RESOLVED:    That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A of the Act.

To consider the attached report of the Licensing Team Leader.

The Committee considered the report of the Licensing Team Leader on an application for a Joint Hackney Carriage/Private Hire Drivers Licence where an Enhanced Disclosure from the Disclosure and Barring Service (formerly CRB) check had disclosed and confirmed a previous conviction that was relevant to the decision as to the applicant's suitability to hold a licence to drive a taxi in the Dover District.  The matter had been brought before the Committee to determine whether the applicant was a fit and proper person to hold a licence.

In accordance with the approved procedure Members offered the applicant the opportunity to present evidence concerning the circumstances surrounding the convictions.

The Committee withdrew to consider its decision and upon resuming the meeting, the Senior Solicitor explained that she had advised Members of the policy guidelines relating to conviction as set out in Appendix B of the report and how this related to the duty to safeguard the public.  In particular, she confirmed that she had advised Members in relation to the part of the policy which stated that in the case of dishonesty at least 3 years should normally have elapsed since the incident before an application would be considered, although each application was considered on its own merits.

The Chairman informed the meeting of the decision to refuse the application after careful consideration of these issues. In particular it was the view of the Committee that the application was made too soon after a criminal conviction. 

The applicant was advised of his right to appeal to the Magistrates Court within twenty-one days in respect of the decision.

RESOLVED:   That the application for a Joint Hackney Carriage/Private Hire Drivers Licence be refused on the basis that the applicant was not currently considered a fit and proper person to be granted a licence under Section 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976.